The fact is that an employer has a great deal of discretion in setting the terms and conditions of employment. Employers who take this approach upset staff and damage their companies’ reputations. Sometimes, the hours of work which are written into a contract of employment contain some flexibility which allows the employer to require additional hours, or a change to working hours when required. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome Is it legal for them to make us work a night shift and not pay us for it. I believe night shift can harm a person body. Do you have an union agreement or employment contract that prohibits this? Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be FreeAdvice.com strives to present reliable and up-to-date legal information and advice on home, car, and life insurance. However, if not, then I'm afraid that there really isn't much that you can do. Nothing on FreeAdvice.com constitutes legal advice and all content is provided for informational purposes only. If you refuse to work overtime you can be terminated, or even if you do accept to work overtime, you can be terminated. When is Night shift allowance earned? ","acceptedAnswer":{"@type":"Answer","text":"The terms of an employment contract or union agreement would most probably cover such scheduling issues. Unlike the I am pharmacist and I was hired on last year for the day shift. Thus, if the employer trys to force you to do day shifts, you may be able to resign and claim constructive unfair dismissal if you've worked there for more than a year. I get excellent evaluations, exemplary and proficient. Do you have an union agreement or employment contract that prohibits this? The fact is that an employer can set the terms and conditions of employment much as it sees fit (subject to the foregoing). IMPORTANT NOTICE: The Answer(s) provided above are for general information only. 4. Insurance information may be different than what you see when you visit an insurance provider, insurance agency, or insurance company website. Sometimes employers must ask employees to move to a new shift. In this section, “night work” means work performed after 18:00 and before 06:00 the next day. An employer may only require or permit an employee to perform night work, if so agreed, and if— (a.) ? I will have to bid on it with everyone else. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome An employer does not need to schedule around your shift preferences. Copyright © 1995-2021 | FreeAdvice.com | 15310 Amberly Dr, Suite 250, Tampa, FL 33647 | Privacy Policy | Terms & Conditions | CCPA. Also, your employer must pay you time and a half for each hour you work overtime unless you … If you will not work night shift, an employer can easily fire you and hire someone else who will be happy for any work they can get. A flat-out refusal to work the night shift probably will not work and may result in termination. The fact is that an employer has a great deal of discretion in setting the terms and conditions of employment. However, if you don't agree to such a change your employer can terminate you (and without notice). Please verify any direct legal advice or rate information with your attorney, insurance company, or agent, respectively. I am an exempt employee and work where many, many hours have now become the standard. Can my employer force me to work a double shift due to schedule changes, without notification My employer changed my set shift time without notifying me. However, if you don't agree to such a change your employer can terminate you (and without notice). If a doctor tells you that you have health problems caused by night work, your employer must transfer you to daytime work - if this is possible. I live in NYC I work as a waiter. If you disagree with this your are free to quit. For example, if you dropped a glass at work, your boss cannot take money from your wages to buy a new one. Work environments are not static and employers can require employees to work outside of their regular working hours. I work for a medical center as a Registered Nurse. (2.) You'll also learn what you need to know about COVID-19-related workplace laws that your employer may be flouting, why it may impact you negatively and what you can do about it. If you have worked for the same employer for at least 12 months, you must be given vacation time and pay even if you don’t work full time. Free Advice® is a unit of 360 Quote LLC providing millions of consumers with outstanding legal and insurance information and advice â for free â since 1995. If you do complete a health assessment questionnaire and the answers cause concern, your employer should refer you to a doctor. You have no guarantee of job stability or continued employment with your employer. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. They then told me if a day shift becomes available, I will not automatically get it. Disclaimer: Question Details: I was hired 4 years ago as night LNA and eventually was hired to work days. At the end of what I thought was my shift I was notified that I would have to stay to work the new shift that began as the shift I just finished (but was apparently not assigned to). Your best bet now is to speak with HR and see what, if anything, you can work out regarding your scheduled hours. Disclaimer: Now someone else ill probably get it (I have the least seniority at night time too). As others have stated, if the job you applied and eventually got hired for stated you must work variable hours, shifts, weekends, holidays, and on call, you cannot convince your employer that you cannot … Does this move violate existing company policy? Here is what you need to know. I did not choose to leave my job; I was forced. One night we were required to stay until 11:30 p.m. After a 7:30 a.m. Start time. An employer who needs staff to work on Sundays must tell them in writing that they can opt out. Your employer may want to change your work hours by: cutting your hours so you earn less; increasing the hours you work; changing the hours that you work without changing the total number of hours, for example, moving from night shift to day shift; If the business you work for has recently changed hands. You can refuse a change of shift, but he can fire you for the refusal, and it will be a legal firing. I live in the UK, in 2 weeks, we have a stock take at my work place. FreeAdvice.com strives to present reliable and up-to-date legal information and advice on home, car, and life insurance. Does this move violate existing company policy? You can be fired simply because the manager doesn't like you. information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you. However, if none of the foregoing applies top yuor situation if not I'm afraid that you must either make the move or face possible termination. The act clearly states that any work conducted between 18:00 and 06:00 is considered night work. You can then either agree to it or not. While your treatment is seemingly unfair, it is legal. ","acceptedAnswer":{"@type":"Answer","text":"Do you have an union agreement or employment contract that prohibits this? Night shift work can only be performed by agreement between the employer and employee. See: Employers and their employees must agree to any changes in the night period in writing. I find this ethically wrong. While your treatment is seemingly unfair, it is legal. I am being told that I have to go down to night shift because they are short staffed and I have the least seniority. The Federal Fair Labor Standards Act states that in most cases, an employer is allowed to change the work schedule of anyone over 16 years of age without prior notice or consent. If your employer’s required hours differ from the hours you are willing to work, either a compromise is found or you part ways. And for their part, an employee can choose to work for an employer or not.Your best bet now is to speak with HR and see what, if anything, you can work out regarding your scheduled hours. Find the right lawyer for your legal issue. I have worked days for the last 3 years. Copyright © 1995-2021 | FreeAdvice.com | 15310 Amberly Dr, Suite 250, Tampa, FL 33647 | Privacy Policy | Terms & Conditions | CCPA. How to Deal With an Employee Who Does Not Want to Change Shifts. The terms of an employment contract or union agreement would most probably cover such scheduling issues. This includes mandating the rules and regulations regarding a shift change. I am to flex between days and night. They cannot force you to work that shift. "}}]}, Asked on January 3, 2012 under Employment Labor Law, Florida. You would be eligible for unemployment benefits however. Please verify any direct legal advice or rate information with your attorney, insurance company, or agent, respectively. If your co-worker believes the employer is making this change for some type of discriminatory motive e.g., her gender or race or if the change is due to some sort of retaliation against her by the employer, a consultation with a nurse attorney or attorney would be a good idea. The suggestion that an employer may force someone to work nights is certainly worrying. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be The fact is that an employer can set the terms and conditions of employment much as it sees fit (subject to the foregoing). However, if none of the foregoing applies top yuor situation if not I'm afraid that you must either make the move or face possible termination.The fact is that an employer has a great deal of discretion in setting the terms and conditions of employment. Quotes and offers are not binding, nor a guarantee of coverage. IMPORTANT NOTICE: The Answer(s) provided above are for general information only. Find the right lawyer for your legal issue. Insurance information may be different than what you see when you visit an insurance provider, insurance agency, or insurance company website. However, if the employer makes a significant change to your work schedule without your agreement, such as requiring you to regularly work evenings and weekends, this may trigger a constructive dismissal. Is this change the result of actionable discrimination? Free Advice® is a unit of 360 Quote LLC providing millions of consumers with outstanding legal and insurance information and advice – for free – since 1995. Is there any legal step that I can take or can I contact HR? What they legally can do is enter into a 3 month consultation period explaining the changes they propose to make to your shift pattern. Exceptions apply if workers and employers agree a different period for 'night time'. Laws may vary from state to state, and sometimes change. Your boss could, however, take money from your tips that evening to cover the cost of the glass. Can an employer force you to work off shift? If so, you have protection here. The existence of a requirement to be flexible with working hours in the signed contract of employment means that you are permitted to require your staff to change their day shifts to night … Our manager has put up a few signs around our workplace stating "if the warehouse is not tidy before the stock take, you will be made to work a night shift unpaid". I work nights and days. Neither an employer nor an employee can change a contracts terms without the other party's consent. Now i'm only contracted to 20 hours a week, but i usually work 35+. However, if none of the foregoing applies top yuor situation if not I'm afraid that you must either make the move or face possible termination. Yes, your employer may force you to take a different shift, even if you do not have childcare available for that new shift--and even if one of your children has a medical condition. If so, you have protection here. After all, on some occasions there’ll be no one at home to look after a child. Can a employer deduct from your hourly wage every time you are late for work? Or possibly this situation is covered by an existing company policy? You likely don’t have recourse. Unless you have a legally binding and enforceable contract or CBA that expressly and in so many words guarantees you one particular shift, at least in the US your employer can make your continued employment contingent on your working the shift he wants you to work. Otherwise, you … And for their part, an employee can choose to work for an employer or not. However, if you don't agree to such a change your employer can terminate you (and without notice). information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you. 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